Review of the Planning Enforcement Charter
Perth and Kinross Council · 22 April 2026
Back to Economy and Infrastructure Committee — 22 April 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality ___________________________________________________________________ Committee or Board: Economy & Infrastructure Committee Date of Meeting: 22 April 2026 Report Title: Review of the Planning Enforcement Charter Report Number: 26/106 Report Author: Sean Panton - Team Leader, Major Applications and Enforcement Organisational Lead: Serge Merone – Strategic Lead - Economy, Development and Planning ___________________________________________________________________ 1. Purpose 1.1 The purpose of this Report is to seek approval for an updated version of the Council’s Planning Enforcement Charter, following a review undertaken in accordance with the requirements of the Town and Country Planning (Scotland) Act 1997. 1.2 Sections 1. Purpose 2. Recommendation 3. Background/Main Issues 4. Proposals 5. Conclusion 6. Impact and Value Assessment 7. Appendix 2. Recommendation It is recommended that the Committee: 2.1 Approves the updated version of the Council’s Planning Enforcement Charter (Appendix 1).
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3. Background/Main Issues Requirement for updated Charter 3.1 The Town and Country Planning (Scotland) Act 1997 (as amended) places a statutory requirement for Planning Authorities to prepare and publish a Planning Enforcement Charter (the ‘Charter’). The Act specifically requires the Charter to set out: A statement of the Authority’s policies as regards their taking of enforcement action; An account of how members of the public can bring any potential breach of planning control to the attention of the Authority; How to complain about the way in which the Authority takes enforcement action; and, The procedures for dealing with any complaint. 3.2 While there is no duty on the Planning Authority to pursue planning enforcement action, there is a requirement to review, update and publish a new Charter whenever appropriate, but at least every two years. The Council adopted the current Charter on 29 May 2024, almost 2 years ago, and as such an update is required. 3.3 The Charter plays a vital role in setting out the Council’s responsibilities and approach to planning enforcement. It provides clarity both for stakeholders who report suspected breaches of planning control and for those with an interest in the site concerned. Since the current Charter was adopted, Officers have gained valuable insight into its effectiveness in meeting its objectives and operating within the relevant legal frameworks. This experience—along with feedback received from stakeholders during enforcement casework—has informed a review of the Charter’s performance and helped identify opportunities for improvement. Benchmarking and analysis of Planning Enforcement Charters from other Planning Authorities were also undertaken. Collectively, these factors have shaped the recommended updates. 4. Proposals Charter Review 4.1 The current Charter sets out the priority areas for planning enforcement across Perth and Kinross, based on input gathered through staff discussions and stakeholder engagement. Officers consider that the priorities and overall enforcement approach outlined in the existing Charter remain appropriate, proportionate, legally robust, and aligned with the Council’s strategic objectives. 4.2 Accordingly, it is recommended that the proposed Priorities for Planning Enforcement set out in the 2024 Charter remain largely unchanged. However, to enhance customer service, the existing seven Customer Service Standards have been reviewed and are to be refocused and consolidated, reducing them
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from seven to five. It is also proposed to introduce a new provision for high priority cases, ensuring that any case identified by Officers as high priority receives additional attention and focus. 4.3 The Planning Enforcement Team, along with other planning staff, contributed to the redrafting process due to their direct experience in implementing the previous Charter. 4.4 Consequently, it is proposed to replace the existing Customer Service Standards with the ones below: Customer Service Standard 1 4.5 After we carry out initial checks, if the issue is something we can investigate through planning enforcement, we will open a case and let you know by email or letter within 5 working days. Our acknowledgement will give you a case number, contact details, and confirm whether we plan to visit the site. Customer Service Standard 2 4.6 If work has been done without planning permission, but after looking into it we think planning permission would probably be granted, we may invite the person responsible to submit a planning application. We can also issue a notice (under Section 33A of the Planning Act) requiring them to apply for permission after the work has already been carried out. Customer Service Standard 3 4.7 We will either finish our investigation or give you an update within 40 working days. If we have marked the case as high priority, we will update you within 10 working days instead. When the case is closed, we will publish a Closing Report that explains the decision. Customer Service Standard 4 4.8 If we decide that formal action is necessary, we will aim to issue an enforcement notice within 60 working days of the case being opened, and we will let you know when this happens. Customer Service Standard 5 4.9 If someone appeals against an enforcement notice, we will tell you within 5 working days of being informed and explain how you can keep track of the appeal. After the appeal decision is made, we will let you know what further action, if any, we plan to take. Service Improvements 4.10 As with previous versions, once the Committee approves it, the Charter (Appendix 1) will be published on the Council’s website. It will be available as
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an e-booklet and can be downloaded. An accessible version will also be provided for users who may have difficulty viewing the e-booklet. To support environmental sustainability and avoid unnecessary costs, no hard copies will be produced. Only one request for a hard copy of the 2024 Charter has been received from the public. Future Review Process 4.11 As noted above, if approved, a further revision of the 2026 Charter should be brought to Committee no later than April 2028. 5. Conclusion 5.1 The revised Planning Enforcement Charter builds on the established principles that underpin the Council’s approach to, and priorities for, planning enforcement. As part of the update, it is recommended that the existing seven Customer Service Standards be consolidated into five more comprehensive standards, improving customer service and better reflecting operational practice. Publication of the revised Charter will set out these updated standards and formalise the revised approach to the handling of all planning enforcement matters. 5.2 It is recommended that Committee approves the updated version of the Council’s Planning Enforcement Charter. 6. Impact and Value Assessment 6.1 https://www.pkc.gov.uk/article/24316/Impact-and-Value-Assessments 7. Appendix 7.1 Appendix 1 - Proposed ‘Perth & Kinross Planning Enforcement Charter April 2026’